§ Mr. OatenTo ask the Secretary of State for the Home Department pursuant to his oral statement to the House of 23 February 2004,Official Report, column 24, in what circumstances EU citizens will be considered unable to support themselves; who will make this assessment; and what right of appeal there will be. [160212]
§ Mr. BrowneUnder EC law, the right of residence of certain categories of EU nationals (students, retired persons, and persons not falling within other categories under the EC residence directives) in a member state other than their member state of origin is dependent on their being able to support themselves. Where it is determined, on the facts and in accordance with the principles laid down in ECJ case-law, that persons in these categories are no longer able to support themselves they may be removed under the Immigration (European Economic Area) Regulations 2000 (S.I. 2000/2326). Such decisions will be subject to appeal by an adjudicator in the first instance.
In respect of nationals of Accession states (excluding Cyprus and Malta) who come to the UK to work, their right of residence here will also be subject to satisfying the self-sufficiency test while they are not working. Again, if they do not satisfy this test they will be removable under the 2000 Regulations. The draft Accession (Immigration and Worker Registration) Regulations 2004 thus ensure that a national of an Accession State (other than Cyprus or Malta) will only be able to reside in the United Kingdom while seeking work if he or she is self-sufficient.
§ Mr. OatenTo ask the Secretary of State for the Home Department pursuant to his oral statement to the House of 23 February 2004,Official Report, column 24, what steps he intends to take to prevent EU citizens removed from the UK from returning; and at what point they will be allowed to re-enter the country. [160213]
§ Mr. BrowneUnder European Community law, EU citizens may only be refused entry to the UK on grounds of public policy public security or public health. In order to refuse entry on public policy grounds we must be satisfied that that the person poses a genuine and serious threat to one of the fundamental interests of society. Measures taken on these grounds must be based exclusively on the personal conduct of the individual concerned.
Those people who have been deported from the UK for committing serious crimes would be prevented from returning to the UK. Such persons would not be able to return to the UK until any deportation order had been revoked.